Stage of crime under ipc 1860
ABSTRACT The Indian Penal Code is one of the most unique penal law codes entailing several crime, their scope, nature, and punishments. It is best-taken care of in the hands of the judiciary, law practitioners, students, and varied law learners. The Indian Penal Code indirectly owes its origin to jeremy bentham, who is a well-known jurist on the subject of law reforms. The Indian Penal Code was drafted by Macaulay. The Code was primarily aimed at bringing to an end the multiplicity of criminal law jurisdictions that prevailed in India at that time and introducing a uniform law of crimes. The most striking feature of the IPC [1] is that it continues to survive as the substantive law of the land for more than one and a half centuries despite the tremendous changes the Indian society has undergone over the years, leading toward a progressive social order. The criminal law as enshrined in the Penal Code seeks to safeguard the socio-moral principles of society and protect society’s historical roots based on values on values while leading it towards development and modernization. INTRODUCTION research of the law of crimes has always been one of the most attractive branches of jurisprudence since the early year of human civilization. The law of crime has been as old as civilization itself. In every organized society, certain acts are forbidden on the pain of punishment. Where one person injured another and the injury could adequately be compensated by money value, the wrong-doer was required to pay damages or compensation to the wrong individual. More than any other branch of law, criminal law is the mirror of public opinion. As we already know law reflects the public opinion of the time. More than any other branch of law, criminal law is the mirror of public opinion. To know the nature and the content of crime we must first of all know what is law because the questions of crime and law are so closely related to each other that it is very difficult to understand one without knowing the other. CRIME→ WRONGS → These are against norms. Definition of crime[2]: As per section.40 of IPC any act or omission made punishable by IPC is an offence. Acc. to Blackstone: An act committed or omitted in violation of a public law either forbidding or commanding it. Acc. to Russel: “Crime is the result of human conduct, which the state seeks to prevent”. >> A crime is an unlawful act punished by the state or any lawful authority. A crime or an offense is an act that is harmful not only to the person but also to the community, society, or state. Nature of Crime ➢ Public wrong – Dynamic nature ➢ Punishment is the remedy -because crimes such as rape, murder, kidnapping can not be Compensated. What is the stage of crime under the Indan Penal Code,1860? (1)Intention: derived from the famous (actus non-facit reum nisi rea). The intention is the first & Initial stage. This stage has not been penalized under the IPC. Ex: Kenny illustrates him with a very good example.’ A person picks up an umbrella to steal that umbrella from a club stand. But when he comes home and sees it the umbrella turns out to be his own’. In such a situation, criminal liability cannot be imposed on that person, although he intended to steal the umbrella. (2)Preparation: It is at this stage that the person prepares or does acts that will help him in committing the criminal act. therefore this stage is not punishable. Ex: ‘A’ thinks of killing a person, he buys a pistol, buys a railway ticket to go to the place where the murder is to be done. Since he did not cross the preparation stage to do all this, he will not be considered a criminal. (3)Attempt: An attempt is a direct movement towards an offense after the preparation has been made. Punishable under IPC under certain circumstances:- Section.307, S.309, S.398, S.308, S.393, S.511 (4)Commision: It is the last stage of the commission of a crime. This is the stage where the offender has crossed all the three initial stage. At this stage, the person completes the ACTUS REUS. The act would also include omission. If the accused become successful in his attempt to commit the crime, he will be guilty of the complete offense. BACKGROUND OF IPC,1860 Written by: ‘Thomas Babington Macaulay ’. Extent : Whole of India ( the word Jammu & Kashmir was omitted from 31st oct 2019) Enacted : 6th oct 1860 Commencement: 1st jan 1862 Total chapters: 23 Total sections: 511 Shortest chapter : chap no.23(1 sections) Longest chapter: chap no.17 (84 sections) Crime is a concurrent subject so both the centre and state can amend IPC.[3] HIGHEST CRIME RATE IN INDIA According to data from the NCRB of India, some of the states with the highest crime rates in India include Maharashtra, Gujrat, Tamil Nadu, and Madhya Pradesh. These states generally have large populations and high levels of urbanization, which can contribute to higher crime rates. According to the NCRB[4] report for 2019, the state with the highest crime rate in India was Assam, with a crime rate of 632.6 per 100,000 population. It was followed by Kerala (455.8)and Odisha (399.1). In terms of the number of crimes, Uttar Pradesh reported the highest number of crimes in 2019 with 3,42,954 cases, followed by Maharashtra(2,61,714 cases) and Kerala (1,41,375 cases).[5] TYPES OF CRIME Crimes against women Sexual assault against women in India is more and more. According to the NCRB, as of 2018, the majority of crimes against women were registered under ‘Cruelty by husband or his relatives followed by ‘Assault on women with intent to outrage her modesty’, ’Kidnapping & Abduction of women, and ‘Rape’. The crime rate per lakh women population was 58.8 in 2018, as compared to 57.9 in 2017.[6] RAPE: disturbing incidents of rape on senior citizens and infants are more and more. The incidence of rape…